Mental Capacity Report – May 2020

Welcome to the May 2020 Mental Capacity Report. Highlights this month include:

(1) In the Health, Welfare and Deprivation of Liberty Report: the Court of Protection, COVID-19 and the rule of law; best interests and dying at home; and capacity and silos (again);

(2) In the Property and Affairs Report: further guidance from the OPG in relation to COVID-19 and an unusual case about intestacy, minority and the Court of Protection;

(3) In the Practice and Procedure Report: the Court of Protection adapting to COVID-19; remote hearings more generally; and injunctions and persons and unknown;

(4) In the Wider Context Report: National Mental Capacity Forum news, and when can mental incapacity count as a ‘status?’;

(5) In the Scotland Report: further updates relating to the evolution of law and practice in response to COVID-19. We also note that 9 May 2020 was the 20th anniversary of the Adults with Incapacity (Scotland) Act 2000 receiving Royal Assent.

You can find all our past issues, our case summaries, and more on our dedicated sub-site here. If you want more information on the Convention on the Rights of Persons with Disabilities, which we frequently refer to in this Report, we suggest you go to the Small Places website run by Lucy Series of Cardiff University.

The Chambers

Careers

Contact

Covid-19

The vast majority of both Members of Chambers and staff are now working remotely from home, with a small staff team on site in our London office.

It would greatly assist us if you could either email or use direct dial or mobile numbers rather than telephone us on our main line. Our clerking team’s direct contact details (email, telephone and mobile) can be found hereand staff details here. Members’ direct dials can be found on their personal profiles by downloading their vCard.

We are also asking for all instructions and documents electronically. Where hard copies have to be sent to Chambers, please liaise in advance with the relevant clerk and member to arrange delivery directly to the barrister concerned.

Members can easily attend conferences and hearings using our telephone and video virtual conferencing facilities.

Covid-19

The vast majority of both Members of Chambers and staff are now working remotely from home, with a small staff team on site in our London office.

It would greatly assist us if you could either email or use direct dial or mobile numbers rather than telephone us on our main line. Our clerking team’s direct contact details (email, telephone and mobile) can be found hereand staff details here. Members’ direct dials can be found on their personal profiles by downloading their vCard.

We are also asking for all instructions and documents electronically. Where hard copies have to be sent to Chambers, please liaise in advance with the relevant clerk and member to arrange delivery directly to the barrister concerned.

Members can easily attend conferences and hearings using our telephone and video virtual conferencing facilities.